Fee Rate Advisory #5 for Fiscal Year 2008

FOR IMMEDIATE RELEASE
2007-269

Washington, D.C., Dec. 21, 2007 — The continuing resolution funding the Securities and Exchange Commission for fiscal year 2008 since Oct. 1, 2007, is being extended through Dec. 31, 2007. Therefore, fees paid under Section 6(b) of the Securities Act of 1933 and Sections 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 will remain at their current rates.

As previously announced, 30 days after the date of enactment of the Commission’s regular fiscal year 2008 appropriation, the Section 31 fee rate applicable to securities transactions on the exchanges and in the over-the-counter markets will decrease to $11.00 per million dollars from the current rate of $15.30 per million dollars. The assessment on security futures transactions under Section 31(d) will remain unchanged at $0.0042 for each round turn transaction.

In addition, five days after the date of enactment of the Commission’s regular appropriation, the Section 6(b) fee rate applicable to the registration of securities, the Section 13(e) fee rate applicable to the repurchase of securities, and the Section 14(g) fee rate applicable to proxy solicitations and statements in corporate control transactions will increase to $39.30 per million dollars from the current rate of $30.70 per million dollars.

The Office of Interpretation and Guidance within the Division of Trading and Markets is available to answer questions relating to Section 31. That office may be reached by phone at 202-551-5777 or by email at tradingandmarkets@sec.gov.

The Commission will issue further notices as appropriate to keep the public informed of developments relating to enactment of the Commission’s regular appropriation and the effective dates for the above fee rate changes. These notices will be posted at the SEC’s Internet web site at http://www.sec.gov.